How to Overturn a Conviction in Arizona

Arizona residents may wonder what the next step is after a jury returns a guilty
verdict in a criminal case. A criminal conviction is not necessarily the end of the road.
The law provides safeguards to help protect those who have been wrongfully convicted.

Overturn Your Arizona Conviction

Motion for a New Trial

The first step for many who have been convicted of a crime is often a Motion for a
New Trial. The defendant may request a new trial within 10 days after the verdict is
entered. However, the law also allows the judge request a new trial on his own
motion after a defendant is convicted or sentenced to death. The defendant must
consent to the new trial. A motion for new trial may address either the verdict or the
death penalty in a capital case.

Reasons a New Trial May Be Granted

A new trial may be granted if a defendant is able to establish that the verdict goes
against the law or the evidence presented, that the judge entered a ruling that substantially prejudiced the
defendant, the defendant did not receive a fair and impartial trial, or the prosecutor or jury engaged in
misconduct.

Juror misconduct can take many forms, including:

Accepting bribes

Being intoxicated during deliberations

Talking to interested parties about the case before the verdict

Making a false statement during jury selection

Basing the verdict on evidence not properly presented during the trial

Deciding by lot instead of deliberation

Motion to Vacate Judgment

When new evidence is discovered or it is determined that the verdict violated either
the laws of the United States or Arizona, the defendant may file a Motion to Vacate
Judgment. This motion must be
filed within 60 days after the judgment is entered. Another option is to file a Motion
for Modification of Sentence, also within 60 days. Both of these motions
must be filed before any appeal is perfected.

Motion to Correct the Record

Sometimes, mistakes are made in converting a verbal order to writing or in copying
information to the docket. If the clerk makes a mistake in a judgment, verdict, or
other other part of the record, or if there are other errors that are the result of an
obvious oversight or mistake, the defendant can file a motion to correct the record.
These motions may be brought at any time.

If a post-trial motion is denied, it may be possible to appeal the denial of the motion,
the original verdict, or both.

Notice of Appeal

A person who has been convicted of a crime may appeal the conviction, a finding
that the person is guilty but insane, the judge's denial of a motion for new trial, an
illegal or excessive sentence, or a post-trial order that substantially affects the
person's rights[1].

Initiating an Appeal

To initiate an appeal, the defendant (now call the appellant) files a Notice of Appeal
with the clerk of the Superior Court that entered the conviction. A copy of the Notice
must be given to the state. The clerk of the court then notifies the Court of Appeals
that the case is being appealed. There is no fee for filing a criminal appeal. If the
defendant is indigent, he may request that fees for necessary transcripts be waived[2].

What is an Appeal?

An appeal is not a new trial. The Court of Appeals does not hear witnesses, call a
jury, or accept new evidence. What happens on appeal is that a three-panel judge
reviews the record of the original case to determine whether the judge made
mistakes that make it unlawful for the conviction to stand.

The Appeal Process

Once the appeal is docketed, the appellant files a brief, explaining the history of the
case, what happened in the lower court, and why the decision is contrary to law. The
state then files an Appellee's Brief in which it refutes the appellant's arguments. In
some cases, the appellant may be permitted to file a shorter Reply Brief. It is then
up to the Court of Appeals to determine whether to allow oral argument. Oral
arguments tend to be fairly short, so all arguments that the appellants wants
considered must be included in the brief. New arguments will not be allowed at the
hearing.

If the Court of Appeals agrees with the appellant's argument, it has the ability to
vacate the judgement and return the case to the Superior Court for a new trial.
Sometimes, the court will uphold a verdict but reverse a sentence and remand for
re-sentencing only. If the Court disagrees, they will uphold the verdict. In that case,
the appellant has the ability to seek review by the Supreme Court of Arizona. The
Supreme Court may decline to review a case unless the appellant has been
sentenced to the death penalty[3]. If they decline to review a case, the lower
court's judgment stands.

The attorney that assisted at trial may be able to help with getting an attorney
appointed to assist with the appeal, if the person cannot afford to pay a lawyer [4].

Writ of Habeas Corpus

The last stop for someone who has been wrongfully convicted of a crime is to file a
Petition for Writ of Habeas Corpus. It is possible to seek a writ earlier in some cases,
but it is mostly commonly reserved for after all appeals have been exhausted. This procedure can be used to contest the legality of the original arrest, the conviction, or
conditions of the person's imprisonment. If the court finds that the state's detention
of someone is unlawful, that person must be released.

The Supreme Court of Arizona has original jurisdiction to hear habeas corpus cases
involving violations of state law[5]. The United States District Court hears cases
involving violations of federal law.

The Supreme Court of Arizona has original jurisdiction to hear habeas corpus cases
involving violations of state law[6].The United States District Court hears cases
involving violations of federal law.

Testimonials do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Any result portrayed on this website was dependent on the facts of that case, and the results may differ if based on different facts. Testimonials do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.